Summary
finding that defendant had waived his long-arm jurisdictional defense where he earlier moved to dismiss based on defective service
Summary of this case from Mintz & Gold LLP v. DaibesOpinion
2744.
Decided January 27, 2004.
Order, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about September 19, 2003, which denied defendant's motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, without costs.
Laurence D. Rogers, for Plaintiffs-Respondents.
Steven B. Prystowsky, for Defendant-Appellant.
Before: Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ.
Defendant earlier moved to dismiss on jurisdictional grounds, based on defective service. It later argued that inasmuch as this action did not commence until service was then properly made, it had the right to submit another dismissal motion based upon lack of long-arm jurisdiction. But defendant's prior appearance and motion constituted a submission to the court's jurisdiction and a waiver of the long-arm jurisdictional defense (CPLR 3211[e]; Wiesener v. Avis Rent-A-Car, 182 A.D.2d 372; see also Urena v. NYNEX, 223 A.D.2d 442).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.